Willful and Malicious or Wanton Destruction of Property
Table of Contents
Destruction of Property punishes the destroying or damaging of the personal property, dwelling house or building of another either willfully and maliciously or wantonly. Under Massachusetts criminal law, the crime of Willful and Malicious or Wanton Destruction of Property may be found at Massachusetts General Laws, Chapter 266, Section 127.
The difference between “willful and malicious” property destruction and “wanton” property destruction is that willful and malicious requires proof that the defendant specifically intended both the conduct and its harmful consequences.
Wanton property destruction however, requires only a showing that the defendant’s conduct was indifferent to, or in disregard of, the probable consequences. Essentially, a willful actor intends both his conduct and the resulting harm, whereas a wanton or reckless actor intends his conduct but not necessarily the resulting harm. Both are punishable under Massachusetts criminal law.
Legal Elements of Willful and Malicious Destruction of Property
In order to be found guilty of Willful and Malicious Destruction of Property under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant injured or destroyed the personal property, dwelling house, or building of another
- that the defendant did so willfully
- that the defendant did so with malice
- that the value of the damage inflicted to the property was more than $1,200
Examples of Willful and Malicious or Wanton Destruction of Property
Destruction of property can be done by willful and malicious conduct or by wanton conduct. Generally, this offense is charged when a person damages or destroys the personal or real property of another. This can also be charged if a person damages or destroys certain buildings. Some examples of willful and malicious or wanton destruction of property include the following:
- A person throwing rocks from a bridge and one strikes a car passing below.
- A person causes damage to a school, community center, church, cemetery or memorial by breaking windows or doors, or damaging any items inside including walls, ceilings, and floors.
- A person damages or destroys household items that belong to another person such as a TV, clothing, couches, mirrors, dishware, etc.
- A person breaks the windows of another person’s home, or breaks down the doors, o puts holes in the walls, ceiling or floors.
- A person smashes the windows of another person’s vehicle, or the head or tail lights, or damages it by denting or scratching the outside, or ripping and tearing the seats on the inside.
Legal Elements of Wanton Destruction of Property
In order to be found guilty of Wanton Destruction of Property under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant injured or destroyed the personal property, dwelling house, or building of another
- that the defendant did so wantonly
- that the value of the damage inflicted to the property was more than $1,200
How is Value of Damages Determined or Assessed
The value of damages to property may be determined in different ways. If the property is completely destroyed, the Court may look to the replacement cost of the property. This may be determined by looking to retail cost of replacement or market value, if the property was used. If the property was partially damaged, but not completely destroyed, the value of damages may be assessed by determining the cost to repair or restore the property to its pre-damage condition.
In a criminal case where the defendant is convicted of a property-related offense, the Court will require the defendant to pay restitution to the victim. If the parties (prosecution and defense) are unable to agree upon a restitution number, the Court will conduct a restitution hearing. This is where the prosecution must establish proof of value as to the damages caused by the defendant, and where the defense may challenge the damage value determination, in an effort to reduce the restitution amount.
Potential Punishment if Convicted of Willful and Malicious or Wanton Destruction of Property in Massachusetts
The potential consequences for Willful and Malicious or Wanton Destruction of Property, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 266, Section 127.
A defendant convicted of Willful and Malicious Destruction of Property shall be punished by imprisonment in the state prison for not more than 10 years or in jail for not more than 2 ½ years. A defendant convicted of Wanton Destruction of Property shall be punished by imprisonment for not more than 2 ½ years.
If you have been charged with Destruction of Property and need experienced Massachusetts Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.
